Practical Law Arbitration Blog
Chiraag Shah and Ioanna Lamprinaki authored an article for Thomson Reuters’ Practical Law Arbitration Blog that covers the English Court of Appeal’s recent decision in Enka v Chubb, which affirmed the English courts’ jurisdiction to determine anti-suit injunctions in support of arbitrations seated in London, even when the courts would need to apply foreign law to decide the issue. The decision also clarified that, absent an explicit choice of law, it should be strongly presumed that an arbitration agreement is governed by the law of the chosen arbitration seat, and not by the law governing the main contract.
The authors note that “this is an important decision which reinforces London’s position as an arbitration venue of choice.” Further, they point to the judgment being “a useful reminder of the importance of including an express choice of law provision in an arbitration clause” and a reminder of the “importance of clear drafting, especially where the place of performance/governing law of the main agreement may not match the chosen seat in the arbitration agreement.”
Read the full article.